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Mohawks oppose ED-19 sale

Signs like this one and others that read ‘Stop the Stink!’ have proliferated in Spencerville and area since the news emerged that the dormant ED-19 landfill site could soon become active. (The Recorder and Times file photo)

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The Mohawks of Akwesasne have demanded the provincial government put a halt to any sale of the ED-19 landfill site until it consults them.

In a letter to Environment Minister Chris Ballard, Mohawk Grand Chief Abram Benedict said the province has a legal obligation to consult the band before the United Counties of Leeds and Grenville sells the landfill site near Spencerville to a private buyer.

Council had suspended talks with Tomlinson six months ago until it could consult lawyers about the objections raised by the residents represented by Citizens Against the Dump. After privately meeting its lawyers in August, council decided to restart the negotiations.

But Benedict said the provincial government has a constitutional duty to consult his First Nation before ED-19 is sold.

“The process currently underway does not fulfil your ministry’s duty to consult,” the chief writes to Ballard. “Our concern is two-fold, potential impact to our land claims area and water protection from leachate disposal.”

The main Akwesasne territory straddles the Canadian-U.S. border at Cornwall, but the First Nation also has an island in the St. Lawrence River near Cardinal.

In an interview, Benedict said the island is Mohawk land and the First Nation is concerned about the environmental effect of a nearby landfill site.

As well, ED-19 might have an impact on drinking water at the main reserve downstream, he said.

“I believe that the province should be consulting with all stakeholders including indigenous communities that have territory close to the area,” he said.

Benedict said the province has a constitutional duty to consult the Mohawks because of the “Crown’s unique relationship with Aboriginal peoples.”

When the government approved ED-19 based on public hearings more than 20 years ago, it did not consult First Nations.

Since then, however, it has become an established legal doctrine that governments have “a duty to consult,” Benedict said. That legal requirement has been set in court decisions during the last 12 years, he added.

“Ontario, as the Crown, has a legal obligation to consult with Aboriginal peoples where it contemplates decisions or actions that may adversely impact asserted or established aboriginal or treaty rights,” Benedict said in his letter.

“We must insist that any sale of the site known as ED-19 cease immediately.”